Consumer Law Essay

1185 words - 5 pages

One of the hospital negligence problem faced by the consumers is medical errors. A medical error is defined as a mistake made by a health care professional which included doctors, dentists and other related expert who can result in injury or death to the patient. Medical error is a form of medical malpractice because the mistake often constitutes a failure to meet medical standards of practice, which would preclude such errors. Medical error is the cousin of medical negligence, which involves a medical professional’s failure to act in meeting professional standards. Some examples of medical errors included using unsterilized, defective or improper equipment when surgery, giving the wrong ...view middle of the document...

Hospitals are liable for the employee actions, typically the employee of the hospital included nurses, doctors and pharmacy. As long as the employee was doing something job related when he or she injured the patient then the hospital is liable for the mistake made by the employee.
In Malaysia, medical negligence disputes are mainly resolved through tort system or known as the fault-based system. This system provides compensation when a doctor or any other medical professional caused negligence during the treatment of the patient. According to Dr. Puteri Nemie John Kassan (2013), the heart of negligence is the element of fault. However, it can be seen that fault is not a satisfactory criterion for liability due to difficulties of adjudicating on it. Litigation demanding proof of fault is notoriously protracted and complex, particularly, where the behavior being challenged is that of a professional.
The success of the case adjudicated through the tort system depends very much on the respective abilities of the parties to construct a convincing case. In order to achieve this, the patient firstly must prove that the treatment he received is negligent. If the patient able to prove that the treatment they received is not in the standard therefore the patient must show the medication error contributes to the injury or bring harm to them. This is not an easy task for the patient because the patients unable to procure the necessary evidence to show that the doctor make a mistake or negligence. Therefore, the patient is in the disadvantages in the case. Many patients do not get the compensation through this system. For example, in Malaysia, the entire litigation process for medical negligence may take about 15 to 25 years from date of injury to the end of case. Besides that, the patient can only be compensated for the injuries and losses which will cause them loss the ability to work or need other people to take care them in order to carry out daily activity. The compensation is awarded according to the damage of harm and loss suffered by the patient.
In United State, there is a medical malpractice lawsuits which work to protect all people who seek medical care. In order to help individuals and families who are harmed by the medical malpractice, citizens have their right to seek compensation when they suffer harm at the hands of hospitals or medical professionals. In addition to protecting other patients from subsequent harm, medical malpractice lawsuits can help victims and their families seek compensation for disability, pain, loss of fertility, lost of limb or sight and other related damages caused by...

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